Smile!

[monkey2468]

I am about to send a letter to smile to get my charges back, but I have 2 questions.

 

The first question is, 7 months ago (before I new via this website that bank were illigally taking money from) I sent a letter saying of my discust at the charges they were charging me, (£230 for being 3 pence over my limit) and requested the charges back. They refused them. Now I have read through this site I am going to try again (charges now at £480), do I start from the begining with the preliminary letter or jump the 2nd threatning letter?

 

My next question, on the prelininary letter template it says to ask for the charges back plus interest. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=671 but in the step by step guide it says not to ask for the interest. link http://www.consumeractiongroup.co.uk/forum/showthread.php?t=243

 

in section 2 it says:

 

2.

Having received your statements and calculated your charges plus interest which you may have been charged on them if you were in overdraft at the time, enter the charges into the spreadsheet which is also provided in the Library section of the http://www.BankActionGroup.com forum. This will provide you with a total which you can claim from your bank.

If you have to issue a court claim, the spreadsheet will also calculate interest at 8% as allowed by s.64 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim.

 

 

So, do I ask for the interest in the forst letter or not?

 

Apologise if I am just being dumb!!

[Spiceskull]

Hi,

 

It seems from your questions that you have not fully read the FAQs and the library. It really does take a few days to get your head around all the arguments and all the information.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'Step By Step Instructions.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you)

 

Regarding interest and what to claim back:

 

You can claim for everything on your statements that is not a justifiable service fee, or justifiable interest:

 

Claim:

• Penalty Charges applied to your account. This is for exceeding overdrafts, referral/representation of DD’s and SO’s, cancellation of DD’s and SO’s, card misuse charges - the list is long!
  
• Interest charged to your account for any of the above
  
• When the interest is applied to the penalty charges, then this interest should be included
  
• If your transaction history identifies what interest is applied for what reason, then be honest about the amount you request
  
• If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to
  

 

Don't Claim:

• Agreed fees, such as £5 monthly overdraft arrangement fee
  
• Interest 'proper' - this is normal interest on the amount you are overdrawn
  
• Any concept of costs or time at this time
  
• Interest other than that which appears on your statements
  
• Interest at 8% APR (that comes when you raise your claim at court)
  

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

[monkey2468]

So if I am reading this correctly from the all the info in the library, I can from the start ask for my charges plus the interest that they have charged, then when I take court proceedings I can then ask for a further 8% in interest that I charge them for taking my money?

[Tinkerbelle]

That is correct.

 

Providing you didn't have an overdraft that they charged interest on. Any interest that you are claiming would be interest on the amount that you would not normally have paid on your usual overdraft.

 

Unless your bank have stated on your statement how much you have been charged it would be quite difficult and/or complicated to work out... I think most people don't bother.

 

If you don't have an overdraft then it's easy. Just top up the interest they have stated on your statement and that is what you are claiming.

 

If it gets as far as you issuing a summons then you add on the 8%.

[monkey2468]

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

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